(A) When in the opinion of the Chief, the presence of combustible material on a lot creates a hazard, such material shall constitute a fire hazard.
(B) Definitions.
COMBUSTIBLE MATERIAL as used in this chapter means and includes weeds, stubble, brush, rubbish, litter, dry grass, dry leaves, or flammable material of any kind.
LOT as used in chapter means and includes any parcel of land, whether or not occupied by any building or structure.
('81 Code § 15.18.020)
Every person who places, deposits or dumps combustible material on a lot, or on land lying within 100 feet thereof, whether or not be owns such lot or land, or whether or not he so places, deposits or dumps on such lot or land with the consent of the owner thereof, is guilty of a misdemeanor.
('81 Code § 15.18.030)
(A) All lots shall be cleared entirely of combustible material. If the Chief or his agent declares this to be impractical, the guidelines set up in Section 11.504 shall be used.
(B) Any person owning, leasing, controlling, operating or maintaining any building or structure in, upon, or adjoining any hazardous fire area, and any person owning, leasing or controlling any land adjacent to such buildings or structures, shall at all times maintain around and adjacent to such building or structure an effective fire-break made by removing and clearing away, all combustible material for a distance not less than 100 feet from all portions of the structure. This section shall not apply to single specimens of trees, ornamental shrubbery or similar plants used as ground covers, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure.
('81 Code § 15.18.040)
The Fire Chief may serve a written order personally upon the owner or possessor of a lot, when, in his opinion, a fire hazard exists thereon. The order shall direct such owner or possessor to remove or abate the fire hazard within 10 days after such personal service. Every owner or possessor who fails or refuses to remove the said nuisance from such lot or land within 10 days after being personally served with such order is guilty of a misdemeanor. Evidence that the current assessment roll of the county shows real property assessed to a person shall constitute prima facie evidence that such person is the owner of such property.
('81 Code § 15.18.050)
(A) Notice. The Chief may, instead of, or in addition to, following the procedure set forth in § 98.04, cause a notice to be mailed.
(B) Mailed notice. If notice is to be mailed, the Chief shall mail a copy of the notice in the form provided above except that such copy shall, in addition, include an address, assessor' s parcel number, or other description of the property according to that set forth on the county assessment roll, to the last assessee of the property at the address given on the said roll. The Chief shall also post such notice, including the description, in some conspicuous place in City Hall. The notice shall be mailed by regular 1st class mail at least 10 days before the City Council meets to hear the report of the Chief regarding the alleged fire hazard. It shall be the responsibility of the owner of record in the current assessment roll to notify any new owner or possessor of the property of the notice that was received and forward the notice to the new owner or possessor of the property. it shall also be the responsibility of the current owner of record to notify the Fire Department of this change in ownership on the form provided.
(C) Hearing. At the time and place stated in the notices, the City Council shall meet to hear the report of the Chief and any objections thereto. The Chief or his designated representative shall attend, inform the Council as to the alleged fire hazard, and supply the description of the lot upon which it exists, the name and address of the last known assessee thereof, and state what he has done in order to give notice of the hearing according to the provisions of this Code. The Council may continue the hearing from time to time as it sees fit.
(D) Clean-up order. If, after a hearing, the City Council finds that a fire hazard exists upon a lot, the Council may direct the Chief to abate the fire hazard. The Council shall maintain a record of its proceedings at such hearing and retain therewith the report of the Chief and a description of such lot or land and, where available, the name and address of its last know assessee.
(E) Abatement. If the City Council directs the Chief to abate a fire hazard, he shall proceed to abate such fire hazard unless it has been abated, completely, before his agents arrive to begin such abatement. The Fire Chief may expend department funds for such abatement and may contract with a person or persons for the performance of the work of such abatement.
('81 Code § 15.18.060)
(A) Account of expenses. The Chief shall keep an account of his expenses when abating a fire hazard pursuant to an order of the City Council and file the account thereof with the Council which account shall include a description, according to the county assessment roll, or the lot or land upon which such fire hazard existed and, when available, the name and address of the last known assessee.
(B) Confirmation of expense account. The account of expenses shall be maintained on file, open to public inspection, in the office of the Clerk of the City Council for at least 10 days before a hearing of the Council to confirm such account. If any person shall, before the expiration of such 10 days, file a written request for notice of the address supplied in any such written request. At the time fixed for such hearing, the Council shall meet to hear any objectionS to the account of expenses filed by the Chief. At such hearing, the Council may make any modification in the amount it deems just, after which the account shall be confirmed.
(C) Special assessment and lien. The amount of expenses incurred by the Chief for abating a fire hazard when confirmed by the City Council shall constitute a special assessment against the lot or land from which the said fire hazard was removed and a lien thereon for the amount of such assessment.
(D) Transmittal of account. The City Council shall deliver a copy of the account, as confirmed, to the Auditor of the county on or before the 10th day of August following such confirmation.
(E) Inclusion of assessment. The County Auditor shall enter the amount stated in the account as a special assessment against the property described in the account. The Tax Collector of the county shall include the amount of the assessment on the bill for taxes levied against the property. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such special assessments. All special assessments collected shall be paid into the county treasury to be used on behalf of the Fire Department.
('81 Code § 15.18.070)